Rule 61G18-30.001. Disciplinary Guidelines

(1) When the Board finds an applicant or licensee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.213(1), F.S., which are felonies of the third degree as well as violations of the Practice act, it shall issue a final order imposing appropriate penalties, using the following disciplinary guidelines: |VIOLATION |RECOMMENDED RANGE OF PENALTY | |(a) Practicing veterinary medicine in this |In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease | |State unless a person holds an active license |and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine from | |to practice veterinary medicine pursuant to |three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) and, upon eligibility for licensure, | |Chapter 474, F.S. |imposition of up to a one (1) year probation. | | |In the case of a non-licensed veterinarian practicing veterinary medicine in the State of Florida the Board | | |shall request that the Department issue a Cease and Desist Order and an administrative fine from three | | |thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) plus one (1) year probation if the subject | | |should become licensed in the State of Florida. | | |In the case of a non-veterinarian practicing veterinary medicine in the State of Florida the board shall | | |request that the Department issue a Cease and Desist Order and impose an administrative fine from three | | |thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) for each count. | |(b) Using the name or title “veterinarian” |In the case of an applicant, the usual action of the Board shall be to request that the Department issue a | |when the person has not been licensed pursuant|Cease and Desist Order, which shall remain in effect until licensure is granted, and an administrative fine of| |to Chapter 474, F.S. |one (1) thousand dollars ($1,000.00) and, upon issuance of a license, imposition of one (1) year probation. | |(c) Presenting as one’s own license the |The usual action of the Board shall be to request that the Department issue a Cease and Desist Order, and an | |license of another. |administrative fine of five thousand dollars ($5,000.00) and, upon issuance of licensure, imposition of one | | |(1) year probation. | |(d) Giving false or forged evidence to the |In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of | |Board, or a member thereof, for the purpose of|the Board in the case of a licensee for a first offense shall be to impose a penalty of an administrative fine| |obtaining a license. |of three thousand dollars ($3,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an | | |administrative fine of five thousand dollars ($5,000.00) and revocation of any license obtained based on false| | |or forged evidence. | |(e) Using or attempting to use a |In the case of an applicant, the usual action shall be denial of licensure and to request the Department issue| |veterinarian’s license which has been |a Cease and Desist Order. The usual action of the Board in the case of a licensee shall be to impose | |suspended or revoked. |revocation if the subject’s license has been suspended and an administrative fine of five thousand dollars | | |($5,000.00). | |(f) Knowingly employing unlicensed persons in |The usual action of the Board shall be to impose a penalty of up to one (1) year probation and an | |the practice of veterinary medicine. |administrative fine of three thousand dollars ($3,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one | | |(1) year suspension, followed by up to two (2) years probation and an administrative fine of five thousand | | |dollars ($5,000.00). | |(g) Knowingly concealing information relative |The usual action of the Board shall be to impose a penalty of six (6) months probation and an administrative | |to a violation of Chapter 474, F.S. |fine of one thousand dollars ($1,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one | | |(1) year probation and an administrative fine of three thousand dollars ($3,000.00). | |(h) Obtaining or attempting to obtain a |Revocation or denial of licensure plus an administrative fine of five thousand dollars ($5,000.00). | |license by fraud. | | |(i) Selling or offering to sell a diploma |An administrative fine of five thousand dollars ($5,000.00) and revocation. | |conferring a degree in veterinary medicine or | | |a license to practice veterinary medicine in | | |this state. | | |(j) Leading the public to believe that the the|In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease | |person is licensed as a veterinarian or is |and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine of two | |engaged in the licensed practice of veterinary|thousand dollars ($2,000.00) and, upon eligibility for licensure, imposition of one (1) year probation. | |medicine without a valid active license. |In the case of a non-licensed veterinarian the Board shall request that the Department issue a Cease and | | |Desist Order and an administrative fine of two thousand dollars ($2,000.00) plus one (1) year probation if the| | |subject should become licensed in the State of Florida. | | |In the case of a non-veterinarian the Board shall request that the Department issue a Cease and Desist Order | | |and an administrative fine of two thousand dollars ($2,000.00) for each count. | |(k) Knowingly operating a veterinary |The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). The Board | |establishment or premises without a valid |shall also require that a premise permit be obtained or request the Department to issue a Cease and Desist | |premise permit. |Order. |

(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines: |(a) Attempting to procure, or procuring, a |In the case of an applicant, the usual action of the Board shall be denial of licensure or permit. The usual | |license to practice veterinary medicine or a |action of the Board in the case of a licensee or permittee shall be to impose a penalty of revocation and an | |permit to own and operate a veterinary |administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). | |establishment, by bribery, by fraudulent | | |misrepresentation, or through an error of the | | |Department or the Board. | | |(b) Having a license to practice veterinary |The usual action of the Board for a first offense shall be the imposition of discipline concurrent with that | |medicine revoked, suspended, or otherwise |of the other jurisdiction to suspension or denial of the license until the license is unencumbered in the | |acted against, including the denial of |jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from | |licensure, by the licensing authority of any |$1,000.00 to $2,500.00. The usual action of the board for a second offense shall be the imposition of | |jurisdiction, including any agency or |discipline concurrent with that of the other jurisdiction to revocation or denial of the license, and an | |subdivision thereof. |administrative fine ranging from $2,500.00 to $5,000.00. | |(c) Being convicted or found guilty, |In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of | |regardless of an adjudication, of a crime in |the Board in the case of a licensee or permittee shall be to impose a penalty ranging from an administrative | |any jurisdiction which directly relates to the|fine of two thousand dollars ($2,000.00) and up to one (1) year probation to an administrative fine of five | |practice of veterinary medicine or the ability|thousand dollars ($5,000.00) and revocation. | |to practice veterinary medicine. |For a second offense, the usual action of the Board shall be to impose a penalty ranging from an | | |administrative fine of five thousand dollars ($5,000.00) and up to two (2) years suspension followed by two | | |(2) years probation to an administrative fine of five thousand dollars ($5,000.00) to revocation. | |(d) Making or filing a report or record which |The usual action of the Board shall be to impose a penalty of one (1) year suspension followed by one (1) year| |the licensee knows to be false, intentionally |probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars | |or negligently failing to file a report or |($5,000.00) per count or violation. | |record required by state or federal law, |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a two (2) | |willfully impeding or obstructing such filing,|year suspension followed by two (2) years probation and an administrative fine of five thousand dollars | |or inducing another person to impede or |($5,000.00) to revocation. | |obstruct such filing. Such reports or records | | |shall include only those which are signed in | | |the capacity of a licensed veterinarian. | | |(e) Advertising goods or services in a manner |In the case of violations, which are not resolved by the Board’s rule concerning minor violations, the usual | |which is fraudulent, false, deceptive, or |action of the Board shall be to impose anadministrative fine of one thousand dollars ($1,000.00). | |misleading in form or content. |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of two (2) | | |years probation and an administrative fine of two thousand dollars ($2,000.00) for each count. | |(f) Violating a statute or administrative rule|The usual action of the Board shall be to impose a penalty ranging from a reprimand and an adminstrative fine | |regulating practice under this chapter or |of two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall | |chapter 455, F.S., or a lawful disciplinary |be to impose up to two (2) years suspension followed by two (2) years probation and an administrative fine of | |order or subpoena of the Board or the |five thousand dollars ($5,000.00). | |Department. |In the case of a subpoena or disciplinary order, the usual action shall be to impose a penalty ranging from up| | |to two (2) years suspension followed by up to two (2) years probation and an administrative fine of four | | |thousand dollars ($4,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up| | |to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative | | |fine of five thousand dollars ($5,000.00). | |(g) Practicing with a revoked, suspended, or |The usual action of the Board shall be to impose a penalty consistent with paragraph (1)(a) above. In the case| |inactive license. |of a licensed veterinarian being found late in payment of renewal fees, the veterinarian shall have thirty | | |days from receipt of official notice from the Department of Business and Professional Regulation to become | | |current in payment of fees to the Department and pay an administrative fine of five hundred dollars ($500.00).| | |If the delinquent veterinarian does not respond to the Department within the above mentioned thirty days, the | | |Board shall request that the Department issue a Cease and Desist Order, which shall remain in effect until | | |license renewal fees and an administrative fine of one thousand dollars ($1,000.00) are paid. | |(h) Being unable to practice veterinary |The usual action of the Board shall be to impose a penalty of suspension until such time as the licensee | |medicine with reasonable skill and safety to |demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board. If the | |patients by reason of illness, drunkenness, |individual is an applicant, the usual action shall be to deny the application. | |use of drugs, narcotics, chemicals, or any | | |other material or substance or as a result of | | |any mental or physical condition. | | |(i) Judicial determination of mental |The usual action of the Board shall be to impose a penalty of suspension or denial of licensure until there is| |incompetency. |a legal restoration of the licensee’s competency to be followed by probation under such terms and conditions | | |as set by the Board. | |(j) Knowingly maintaining a professional |The usual action of the Board shall be to impose a penalty of an administrative fine of three thousand dollars| |connection or association with any person who |($3,000.00) and one (1) year probation. | |is in violation of the provisions of Chapter |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an | |474, F.S., or the rules of the Board. |administrative fine of five thousand dollars($5,000.00) and up to two (2) years probation. | |(k) Paying or receiving kickbacks, rebates, |The usual action of the Board for those violations not disposed of by the Board’s rule concerning minor | |bonuses, or other remuneration for receiving a|violations shall be to impose a penalty of a one (1) year probation and an administrative fine of one thousand| |patient or client or for referring a patient |dollars ($1,000.00) for each count. | |or client to another provider of veterinary |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of two (2) | |services or goods. In construing this section,|years probation and an administrative fine of two thousand dollars ($2,000.00) for each count. | |the Board shall deem that a referral to an | | |entity with which the veterinarian has a | | |contractual relationship, for the sale of | | |non-veterinary, non-medical pet food or pet | | |supplies, does not constitute a kickback, so | | |long as the client is aware of the | | |relationship. | | |(l) Performing or prescribing unnecessary or |The usual action of the Board shall be to impose a penalty ranging from a reprimand to one (1) year probation | |unauthorized treatment. |and an administrative fine up to two thousand dollars ($2,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from a | | |reprimand to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00). | |(m) Engaging in fraud in the collection of |The usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by one | |fees from consumers or any person, agency, or |(1) year probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars| |organization paying fees to practitioners. |($5,000.00). | | |For a second orsubsequent offense, the usual action of the Board shall be to impose two (2) years suspension | | |followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00). | |(n) Attempting to restrict competition in the |The usual action of the Board shall be to impose a penalty of one (1) year probation and an administrative | |field of veterinary medicine other than for |fine of two thousand dollars ($2,000.00). | |the protection of the public. |For a second or subsequent offense, and revocation of the veterinarian’s license to practice in the State of | | |Florida. | |(o) Fraud, deceit, negligence, incompetency, |The usual action of the Board shall be to impose a penalty ranging from one (1) year probation and an | |or misconduct in the practice of veterinary |administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). | |medicine. |For a second or subsequent offense, an administrative fine of five thousand dollars ($5,000.00) and revocation| | |of the veterinarian’s license to practice in the State of Florida. | |(p) Being convicted of a charge of cruelty to |The usual action of the Board shall be to impose a penalty ranging from up to two (2) years suspension | |animals. |followed by up to two (2) years probation and an administrative fine of four thousand dollars ($4,000.00). | | |For a second or subsequent offense, an administrative fine of five thousand dollars ($5,000.00) and | | |revocation. | |(q) Permitting or allowing another to use a |The usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by up to | |veterinarian’s license for the purpose of |one (1) year probation and an administrative fine of three thousand dollars ($3,000.00). | |treating or offering to treat sick, injured, |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two | |or afflicted animals. |(2) years suspension followed by up to two (2) years probation and an administrative fine of five thousand | | |dollars ($5,000.00) | |(r) Being guilty of incompetence or negligence|The usual action of the Board shall be to impose a penalty of one (1) year probation and an administrative | |by failing to practice veterinary medicine |fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). | |with that level of care, skill, and treatment |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one | |which is recognized by a reasonably prudent |(1) year suspension followed by two (2) years probation and an administrative fine of five thousand dollars | |veterinarian as being acceptable under similar|($5,000.00). | |conditions and circumstances. | | |(s) Willfully making any misrepresentations in|The usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by one | |connection with the inspection of food for |(1) year probation and an administrative fine of four thousand dollars ($4,000.00). | |human consumption. |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two | | |(2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars | | |($5,000.00). | |(t) Fraudulently issuing or using any false |The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension | |health certificate, vaccination certificate, |followed by one (1) year probation an administrative fine of three thousand dollars ($3,000.00) and | |test chart, or other blank form used in the |revocation. | |practice of veterinary medicine relating to |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an | |the presence or absence of animal diseases or |administrative fine of five thousand dollars ($5,000.00) and revocation. | |transporting animals or issuing any false | | |certificate relating to the sale of products | | |of animal origin for human consumption. | | |(u) Engaging in fraud or dishonesty in |The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension | |applying, treating, or reporting on |followed by one (1) year probation to revocation and an administrative fine from three thousand dollars | |tuberculin, diagnostic, or other biological |($3,000.00) to five thousand dollars ($5,000.00). | |tests. |For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of| | |five thousand dollars ($5,000.00) and revocation. | |(v) Failing to keep the equipment and premises|The usual action of the Board shall be to suspend the premise permit until compliance with requirements | |of the business establishment in a clean and |followed by up to one (1) year probation and an administrative fine from one thousand dollars ($1,000.00) to | |sanitary condition or having a premise permit |five thousand dollars ($5,000.00). | |suspended or revoked pursuant to Section |For a second or subsequent offense, the usual action of the Board shall be to suspend the premise permit until| |474.215, F.S. |compliance with requirements followed by up to three (3) years probation to revocation and an administrative | | |fine of five thousand dollars ($5,000.00). | |(w) Practicing veterinary medicine at a |The usual action of the Board shall be to impose an administrative fine of one thousand dollars ($1,000.00) | |location for which a valid premise permit has |penalty and to require remedial education. The Board shall also require that a premise permit be obtained or | |not been issued when required under Section |the Department shall be requested to issue a Cease and Desist Order. | |474.215, F.S. |For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of| | |three thousand dollars ($3,000.00). | |(x) Refusing to permit the Department to |The usual action of the Board shall be to impose a penalty of an administrative fine of two thousand dollars | |inspect the business premises of the licensee |($2,000.00), unless circumstances legally justify such action by the veterinarian and/or request that the | |during regular business hours. |Department issue a Cease and Desist Order. | | |For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of| | |five thousand dollars ($5,000.00). | |(y) Using the privilege of ordering, |For violations involving medicinal drugs or drugs defined in Chapter 465 F.S., the usual action of the Board | |prescribing, or making available medicinal |shall be to impose a penalty ranging from a reprimand up to one (1) year suspension followed by one (1) year | |drugs or drugs defined in Chapter 465, F.S., |probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars | |or controlled substances as defined in Chapter|($5,000.00). | |893, F.S., for use other than for the specific|For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two | |treatment of animal patients for which there |(2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars | |is a documented veterinarian/client/patient |($5,000.00). | |relationship. Pursuant thereto, the |For violations involving controlled substances as defined in Chapter 893, F.S., the usual action of the Board | |veterinarian shall: |shall be to impose a penalty of two (2) year suspension to revocation and an administrative fine of four | | |thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to | | |impose an administrative fine of five thousand dollars ($5,000.00) and revocation. | |1. Have sufficient knowledge of the animal to | | |initiate at least a general or preliminary | | |diagnosis of the medical condition of the | | |animal, which means that the veterinarian is | | |personally acquainted with the keeping and the| | |caring of the animal and has recent contact | | |with the animal or has made medically | | |appropriate and timely visits to the premises | | |where the animal is kept. | | |2. Be available to provide for follow up care | | |and treatment in case of adverse reactions of | | |failure of the regimen of therapy. | | |3. Maintain records which document patient | | |visits, diagnosis, treatment, and other | | |relevant information required under this | | |chapter. The documented | | |patient/client/veterinarian relationship cited| | |in Section 474.214, F.S., is herein defined as| | |a veterinarian’s record of a client’s animal | | |which documents that the veterinarian has seen| | |the animal in a professional capacity within a| | |period of 12 months or less. | | |(z) Providing, prescribing, ordering, or |For violations involving medicinal drugs or drugs defined in Chapter 465, F.S., the usual action of the Board | |making available for human use medicinal drugs|shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an | |or drugs as defined in Chapter 465, F.S., |administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). | |controlled substances as defined in Chapter |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of three (3) | |893, F.S., or any material, chemical, or |years suspension followed by three (3) years probation up to an administrative fine of five thousand dollars | |substance used exclusively for animal |($5,000.00) and revocation. | |treatment. |For violations involving controlled substances as defined in Chapter 893, F.S., the usual penalty will be | | |revocation and an administrative fine up to five thousand dollars ($5,000.00). | |(aa) Failing to report to the Department any |The usual action of the Board shall be issuance of a reprimand and an administrative fine of up to one | |person the licensee knows to be in violation |thousand dollars ($1,000.00). | |of Chapter 474, F.S., or the rules of the |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one | |Board or Department. |(1) year probation and an administrative fine up to three thousand dollars ($3,000.00). | |(bb) Violating any of the requirements of |The usual action of the Board shall be to impose a penalty of up to two (2) years probation and an | |Chapter 499, F.S., the Florida Drug and |administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). | |Cosmetic Act; 21 U.S.C. ss. 301-392, the |For a second or subsequent offense, the usual action of the Board shall be up to two (2) years suspension | |Federal Food, Drug, and Cosmetic Act; 21 |followed by three (3) years probation and an administrative fine of five thousand dollars ($5,000.00). | |U.S.C. ss. 821 seq., the Comprehensive Drug | | |Abuse Prevention and Control Act of 1970, more| | |commonly known as the Federal Drug Abuse Act; | | |or Chapter 893, F.S. | | |(cc) Failing to provide adequate radiation |The usual action of the Board shall be issuance of a reprimand plus the violator must pay cost of | |safeguards. |investigation and provide proof of compliance with the rule. | |(dd) Failing to perform any statutory or legal|The usual action of the Board shall be a penalty ranging from the issuance of a reprimand and an | |obligation placed upon a licensee. |administrative fine of one thousand dollars ($1,000.00) up to revocation and an administrative fine of up to | | |five thousand dollars ($5,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a reprimand | | |to revocation and an administrative fine of five thousand dollars ($5,000.00). | |(ee) Failing to keep contemporaneously written|The usual action of the Board shall be issuance of a reprimand and up to one (1) year probation, and an | |medical records as required by rule of the |administrative fine of up to two thousand dollars ($2,000.00). | |Board. |For a second or subsequent offense, the usual action of the Board shall be a penalty of two (2) years | | |probation and an administrative fine of five thousand dollars ($5,000.00). | |(ff) Prescribing or dispensing legend drug as |The usual action of the Board shall be to impose a penalty of an administrative fine from two thousand dollars| |defined in Chapter 465, F.S., including any |($2,000.00) to five thousand dollars ($5,000.00) and up to two (2) years probation. | |controlled substance, inappropriately or in |For a second or subsequent offense, the usual action of the Board Board shall be to impose a penalty of up to | |excessive or inappropriate quantities. |one (1) year suspension followed by three (3) years probation and an administrative fine of five thousand | | |dollars ($5,000.00). | |(gg) Practicing or offering to practice beyond|The usual action of the Board shall be issuance of a reprimand up to one (1) year probation, and an | |the scope permitted by law. |administrative fine from one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be two (2) years probation and an | | |administrative fine of up to five thousand dollars ($5,000.00). | |(hh) Delegating professional responsibilities |The usual action of the Board shall be to impose a penalty of an administrative fine from one thousand five | |to a person when the licensee delegating such |hundred dollars ($1,500.00) to three thousand dollars ($3,000.00) and up to one (1) year probation. | |responsibilities knows or has reason to know |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one | |that such person is not qualified by training,|(1) year suspension followed by up to two (2) years probation to revocation and an administrative fine of five| |experience, or licensure to perform them. |thousand dollars ($5,000.00). | |(ii) Presigning blank prescription forms. |The usual action of the Board shall be to impose a penalty ranging from up to one (1) year suspension of the | | |veterinarian’s license followed by up to one (1) year probation to revocation and an administrative fine of up| | |to two thousand dollars ($2,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up| | |to two (2) years suspension followed by up to two (2) years probation to revocation and an administrative fine| | |up to five thousand dollars ($5,000.00). | |(jj) Failing to report to the Board within 30 |The usual action of the Board shall be the issuance of a reprimand and an administrative fine from one | |days, in writing, any action set forth in |thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). | |paragraph (b), that has been taken against the|For a second or subsequent offense, the usual action of the Board shall be the issuance of a reprimand and an | |practitioner’s license to practice veterinary |administrative fine of five thousand dollars ($5,000.00). | |medicine by any jurisdiction, including any | | |agency or subdivision thereof. | | |(kk) Aiding or assisting another person in |The usual action of the Board shall be to impose a penalty from one (1) to three (3) years probation and an | |violating any provision of this chapter or any|administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). | |rule adopted pursuant thereto. |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two | | |(2) years suspension followed by up to three (3) years probation to revocation and an administrative fine of | | |up to five thousand dollars ($5,000.00). | |(ll) Failing to respond within 60 days after |The usual action of the Board shall be suspension until the Board receives acceptable response to the request | |receipt of a request to provide satisfactory |and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). | |proof of having satisfactory proof of having |For a second or subsequent offense, the usual action of the Board shall be suspension until the Board receives| |participated in approved continuing education |an acceptable response to the request and an administrative fine of five thousand dollars ($5,000.00). | |programs. | | |(mm) Failing to maintain accurate records or |The usual action of the Board shall be an administrative fine from one thousand five hundred dollars | |reports as required by this chapter or by |($1,500.00) to five thousand dollars ($5,000.00) and up to two (2) years probation. | |federal or state laws or rules pertaining to |For a second or subsequent offense, the usual action of the Board shall be up to three (3) years probation and| |the storing, labeling, selling, dispensing, |an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). | |prescribing, and administering of controlled | | |substances. | | |(nn) Failing to report a change of address to |The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00). | |the Board within 60 days thereof. |For a second or subsequent offense, the usual action of the Board shall be an administrative fine of three | | |thousand dollars ($3,000.00) | |(oo) Failure of the responsible veterinarian |The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00). | |or permittee to report a change of premises |For a second or subsequent offense, the usual action of the Board shall be an administrative fine of three | |ownership or responsible veterinarian within |thousand dollars ($3,000.00). | |60 days thereof. | | |(pp) Failing to give the owner of a patient, |The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). | |before dispensing any drug, a written |For a second or subsequent offense, the usual action of the Board shall be an administrative fine from three | |prescription when requested. |thousand dollars to five thousand dollars ($5,000.00). | |(qq) Order, prescribe, or make available |For violations involving medicinal drugs or drugs defined in Chapter 465 F.S., the usual action of the Board | |medicinal drugs or drugs as defined in s. |shall be to impose a penalty ranging from a reprimand up to one (1) year suspension followed by one (1) year | |465.003 approved by the United States Food and|probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars | |Drug Administration for human use or |($5,000.00). | |compounded antibacterial, antifungal, |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty from one (1) to| |antiviral, antiparasitic medications without |two (2) years suspension followed by two (2) years probation and an administrative from three thousand dollars| |having conducted an in-person physical |($3,000) to five thousand dollars ($5,000.00). | |examination of the animal or made medically |For violations involving controlled substances as defined in Chapter 893, F.S., the usual action of the Board | |appropriate and timely visits to the premises |shall be to impose a penalty of two (2) year suspension to revocation and an administrative fine of three | |where the animal is kept. |thousand dollars ($3,000) to four thousand dollars ($4,000.00). For a second or subsequent offense, the usual | |( s. 474.2021(4)(e) 2, F.S.) |action of the Board shall be to impose an administrative fine of four thousand dollars ($4,000) to five | | |thousand dollars ($5,000.00) and 5 year suspension to revocation. | |(rr) Using veterinary telehealth to prescribe |The usual action of the Board shall be to impose a penalty of an administrative fine from two thousand dollars| |a controlled substance as defined in chapter |($2,000.00) to five thousand dollars ($5,000.00) and one (1) to two (2) years probation. | |893 unless the veterinarian has conducted an |For a second or subsequent offense, the usual action of the Board Board shall be to impose a penalty two (2) | |in-person physical examination of the animal |years probation up to one (1) year suspension and an administrative fine of four thousand ($4,000) to five | |or made medically appropriate and timely |thousand dollars ($5,000.00). | |visits within the past year to the premises | | |where the animal is kept. | | |(s. 474.2021(4)(e) 3, F.S.) | | |(ss) Using veterinary telehealth to prescribe |The usual action of the Board shall be to impose a penalty ranging from a reprimand and an adminstrative fine | |a drug or other medication for use on a horse |of two thousand dollars ($2,000.00) to three thousand dollars ($3,000). | |engaged in racing or training at a facility |For a second or subsequent offense, the usual action of the Board shall be to impose two (2) years probation | |under the jurisdiction of the Florida Gaming |up to two (2) years suspension followed by two (2) years probation and an administrative fine of four thousand| |Control Commission or on a horse that is a |dollars ($4,000) to five thousand dollars ($5,000.00). | |covered horse as defined in the federal | | |Horseracing Integrity and Safety Act, 15 | | |U.S.C. ss. 3051 et seq. | | |(s. 474.2021(4)(e) 4, F.S.) | | |(tt) Using veterinary telehealth to issue an |The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension | |international or interstate travel certificate|followed by one (1) year probation an administrative fine of three thousand dollars ($3,000.00) up to | |or a certificate of veterinary inspection. |revocation and a fine of five thousand dollars ($5,000). | |(s. 474.2021(4)(h) , F.S.) |For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a three (3) | | |year suspension and an administrative fine of five thousand dollars ($5,000.00) up to revocation and a fine of| | |five thousand dollars ($5,000). |

(3) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 455.227(1), F.S., it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines: |(a) Misleading, deceptive, untrue, or fraudulent representations in the |The usual action of the Board will be to impose a penalty ranging from up to one | |practice of veterinary medicine. |(1) year suspension followed by one (1) year probation and an administrative fine| | |of up to two thousand dollars ($2,000.00) to revocation and an administrative | | |fine of up to five thousand dollars ($5,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be a | | |penalty of up to two (2) years suspension followed by up to two (2) years | | |probation to revocation and an administrative fine from three thousand dollars | | |($3,000.00) to five thousand dollars ($5,000.00). | |(b) Intentionally violating any rule adopted by the Board or the |The usual action of the Board will be to impose a penalty ranging from the | |Department. |issuance of a reprimand and an administrative fine from two thousand dollars | | |($2,000.00) to five thousand dollars ($5,000.00) to revocation and an | | |administrative fine of up to five thousand dollars ($5,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be a | | |penalty ranging from up to one (1) year probation to revocation and an | | |administrative fine from three thousand dollars to five thousand dollars | | |($5,000.00). | |(c) Being convicted of a felony which relates to the practice of veterinary|The usual action of the Board will be revocation and an administrative fine of up| |medicine. |to five thousand dollars ($5,000.00). | |(d) Being adjudicated mentally incompetent. |The usual action of the Board will be consistent with paragraph (2)(i), above. | |(e) The license has been obtained by fraud or material misrepresentation of|The usual action of the Board will be revocation of the license and an | |a material fact. |administrative fine of up to five thousand dollars ($5,000.00). | |(f) Use of a Class III or a Class IV laser device or product, as defined by|The usual action of the Board will be an administrative fine of up to three | |federal regulations, without having complied with the rules promulgated |thousand dollars ($3,000.00). For a second or subsequent offense, the usual | |pursuant to Section 501.122(2), F.S., governing the registration of such |action of the Board shall be an administrative fine of five thousand dollars | |devices with the Department of Health and Rehabilitation. |($5,000.00). | |(g) Having been found liable in a civil proceeding for knowingly filing a |The usual action of the Board will be to impose a penalty ranging from the | |false report or complaint with the Department against another licensee. |issuance of a reprimand up to two (2) years suspension followed by up to two (2) | | |years probation and an administrative fine from two thousand dollars ($2,000.00) | | |to five thousand dollars ($5,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to | | |impose a penalty of up to three (3) years suspension followed by up to three (3) | | |years probation to revocation and an administrative fine from three thousand | | |dollars ($3,000.00) to five thousand dollars ($5,000.00). | |(h) Making deceptive, untrue, or fraudulent representations in or related |The usual action of the Board will be to impose a penalty ranging from up to two | |to the practice of a profession or employing a trick or scheme in or |(2) years suspension followed by up to two (2) years probation and an | |related to the practice of a profession. |administrative fine of up to three thousand dollars ($3,000.00) to revocation and| | |and an administrative fine of up to five thousand dollars ($5,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be to | | |impose a penalty ranging from up to three (3) years suspension followed by three | | |(3) years probation to revocation and an administrative fine of five thouasand | | |dollars ($5,000.00). | |(i) Exercising influence on the patient or client for the purpose of |The usual action of the Board will be up to two (2) years suspension followed by | |financial gain of the licensee or a third party. |up to two (2) years probation and an administrative fine from three thousand | | |dollars ($3,000.00) to five thousand dollars ($5,000.00). | | |For a second or subsequent offense, the usual action of the Board shall be up to | | |three (3) years suspension followed by up to three (3) years probation to | | |revocation and an administrative fine of five thousand dollars ($5,000.00). |

(4) Based upon consideration of aggravating or mitigating factors present in an individual case, the Board may deviate from the penalties recommended in subsections (1), (2) and (3) above. The Board shall consider as aggravating or mitigating factors the following:

(a) The danger to the public;

(b) The length of time since the violation;

(c) The number of times the licensee has been previously disciplined by the Board;

(d) The length of time licensee has practiced;

(e) The actual damage, physical or otherwise, caused by the violation;

(f) The deterrent affect of the penalty imposed;

(g) The affect of the penalty upon the licensee’s livelihood;

(h) Any effort of rehabilitation by the licensee;

(i) The actual knowledge of the licensee pertaining to the violation;

(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;

(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

(l) Actual negligence of the licensee pertaining to any violation;

(m) Penalties imposed for related offenses under subsections (1), (2) and (3) above;

(n) Pecuniary benefit or self-gain enuring to licensee;

(5) Penalties imposed by the Board pursuant to subsections (1), (2) and (3) above, may be imposed in combination or individually, and are as follows:

(a) Issuance of a reprimand;

(b) Imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense;

(c) Restriction of the authorized scope of practice;

(d) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify, including requiring the licensee to attend continuing education courses or to work under the supervision of another licensee;

(e) Suspension of a license;

(f) Revocation of a license;

(g) Denial of an application for licensure or a permit to own and operate a veterinary establishment; and

(h) The taking and passing of a clinical competency specialty examination.

(6) The provisions of subsections (1) through (5), above, are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(3), F.S.

(7) The provisions of subsections (1) through (5), above, are not intended and shall not be construed to limit the ability of the Board to pursue or recommend the Department pursue collateral civil or criminal actions when appropriate. Rulemaking Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06, 8-20-09, 2-24-14, 11-2-20, 1-3-21, 2-13-25.